Top GOP senator backs encryption commission bill

Top GOP senator backs encryption commission bill

A top Senate leader is throwing his support behind a compromise bill on encryption, possibly helping the measure gain momentum in the upper chamber.

Senate Homeland Security Committee Chairman Ron JohnsonRonald (Ron) Harold JohnsonCongress sends bill renewing anti-terrorism program to Trump The Hill's Morning Report — Shutdown fallout — economic distress Hillicon Valley: Republicans demand answers from mobile carriers on data practices | Top carriers to stop selling location data | DOJ probing Huawei | T-Mobile execs stayed at Trump hotel as merger awaited approval MORE (R-Wis.) on Wednesday told The Hill that he planned to back legislation to create a national commission to study how law enforcement can access secure data without endangering Americans’ privacy.

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“I’m going to be supportive of the commission bill,” Johnson said.

House Homeland Security Committee Chairman Michael McCaul (R-Texas) and Sen. Mark WarnerMark Robert WarnerGeorge Conway on Giuliani walking back Trump Tower Moscow comments: ‘Translation: I made s--- up’ Giuliani says his comments on Trump Tower talks were 'hypothetical' Giuliani: Trump Tower Moscow talks went 'as far as October, November' 2016 MORE (D-Va.) introduced the bill on Monday.

Johnson gives McCaul and Warner a critical ally in the Senate, given the Homeland Security Committee’s jurisdiction over domestic safety issues.

The duo’s national commission plan is meant as an alternative to legislation that would force companies to help unlock secure devices under court order. Sens. Richard BurrRichard Mauze BurrHillicon Valley: Senate panel subpoenas Roger Stone associate | Streaming giants hit with privacy complaints in Europe | FTC reportedly discussing record fine for Facebook | PayPal offering cash advances to unpaid federal workers Senate panel subpoenas Roger Stone associate Jerome Corsi Manafort developments trigger new ‘collusion’ debate MORE (R-N.C.) and Dianne FeinsteinDianne Emiel FeinsteinGraham angers Dems by digging into Clinton, Obama controversies Debate builds over making Mueller report public BuzzFeed story has more to say about media than the president MORE (D-Calif.) — the Intelligence Committee leaders — have been drafting such a bill for several months.

McCaul and Warner fear the Burr-Feinstein approach would be ineffective, potentially weakening security and damaging global competitiveness for American tech firms.

Instead, the pair want a national commission to study how authorities can maintain security with the proliferation of modern technology.The group would bring together privacy advocates, technologists and law enforcement officials to create technological and legislative proposals within a year.

Encryption has been a hot topic on Capitol Hill since Apple defied an FBI-requested court order seeking help unlocking an iPhone used by one of the San Bernardino shooters.

The standoff is the most high-profile incident of a long-feared scenario.

Law enforcement officials have been warning that encryption is increasingly helping terrorists and criminals “go dark” and hide from investigators. They want tech companies to provide investigators with some type of guaranteed access to locked data.

But the tech community has resisted, arguing that unbreakable security is integral to digital security and online privacy.

With the two sides at loggerheads, lawmakers on both sides of the argument increasingly believe Capitol Hill must settle the debate with legislation.

But they haven’t been able to decide what that legislation should look like.

The Burr-Feinstein proposal hasn’t been released yet, but the idea hasn’t gained much traction in the House or Senate.

In January, Johnson indicated he had concerns about the Burr-Feinstein efforts, arguing that the bill might “do more harm than good.”

“Is it really going to solve any problems if we force our companies to do something here in the U.S.?” he asked. “It’s just going to move offshore. Determined actors, terrorists, are still going to be able to find a service provider that will be able to encrypt accounts.”

The duo also rolled out their bill with a broad bipartisan group of co-sponsors that includes Sens. Cory GardnerCory Scott GardnerThe Memo: Concern over shutdown grows in Trump World Senate Republicans eye rules change to speed Trump nominees Overnight Defense: Trump unveils new missile defense plan | Dems express alarm | Shutdown hits Day 27 | Trump cancels Pelosi foreign trip | Senators offer bill to prevent NATO withdrawal MORE (R-Colo.), Brian Schatz (D-Hawaii), Susan CollinsSusan Margaret CollinsTrump pitches new plan to reopen government amid Dem pushback The Memo: Concern over shutdown grows in Trump World Overnight Defense: Trump unveils new missile defense plan | Dems express alarm | Shutdown hits Day 27 | Trump cancels Pelosi foreign trip | Senators offer bill to prevent NATO withdrawal MORE (R-Maine), Michael BennetMichael Farrand BennetCracks beginning to show in GOP shutdown resolve WHIP LIST: Who’s in and out in the 2020 race Would-be 2020 Dem candidates head for the exits MORE (D-Colo.), Shelley Moore CapitoShelley Wellons Moore CapitoOvernight Energy: Wheeler weathers climate criticism at confirmation hearing | Dems want Interior to stop drilling work during shutdown | 2018 was hottest year for oceans Dems blast EPA nominee at confirmation hearing Republican senators skeptical of using national emergency for wall funding MORE (R-W.Va.), Angus KingAngus Stanley KingSen. Angus King begins treatment for prostate cancer GOP senators challenge Trump on shutdown strategy Will Trump declare an emergency tonight? Only he knows for sure MORE (I-Maine) and Dean HellerDean Arthur HellerTrump’s shifting Cabinet to introduce new faces Trump's most memorable insults and nicknames of 2018 Progressive strategist says changing demographics will help Dems MORE (R-Nev.), as well as 15 lawmakers in the House.